Comparative fault plays a crucial role in determining the outcome of personal injury settlements. If you're partially responsible for the accident, your compensation may be reduced or even denied altogether.
At Bradford N. Oesch, P.C., we know how challenging personal injury cases can be, especially when multiple parties share responsibility for an accident. Many injured individuals assume they're automatically entitled to full compensation when another party is at fault. However, Texas law takes a different approach.
Understanding how this principle works is essential when pursuing a personal injury claim. Our experienced injury lawyer in Houston, Texas, works to clarify these legal principles so our clients can make informed decisions.
How Does Comparative Fault Work in Texas?
Comparative fault, also known as proportionate responsibility, is a legal doctrine used to allocate liability among multiple parties involved in an accident. Instead of placing full blame on a single individual, comparative fault assigns a percentage of responsibility to each party.
This concept recognizes that accidents often occur due to the actions or negligence of more than one person. If an injured party shares some responsibility for their own injuries, their compensation will be adjusted accordingly.
For example, if a driver runs a red light but another driver is speeding, both may be assigned a percentage of fault. The at-fault driver’s insurance company will likely argue that the injured party contributed to the accident and should receive reduced compensation.
Texas’s Modified Comparative Negligence Law
Texas follows a modified comparative negligence rule, commonly referred to as the "51% Bar Rule." This means, according to Texas Statutes:
An injured party can still recover damages if they're 50% or less at fault.
If a plaintiff is found to be 51% or more at fault, they're barred from receiving compensation.
Compensation is reduced based on the plaintiff’s percentage of fault.
For example, if a court awards $200,000 in damages but finds that the injured party was 40% responsible, their recovery will be reduced by 40%, leaving them with $120,000. This rule is outlined in Section 33.001 of the Texas Civil Practice and Remedies Code and plays a significant role in personal injury cases.
How Comparative Fault Affects Compensation
When pursuing a personal injury claim in Texas, the percentage of fault assigned to each party will directly impact the amount of compensation an injured person can receive. The greater the assigned fault, the lower the final settlement or court award. Some of the key factors in determining compensation include:
The severity of injuries and medical expenses incurred
Lost wages due to an inability to work
Pain and suffering, both physical and emotional
Property damage related to the accident
For instance, if you suffer a spinal cord injury in a car accident caused by a distracted driver, but evidence shows you were texting as well, the opposing party may argue that your distraction contributed to the crash. If a jury assigns you 25% fault, your total settlement would be reduced by that percentage.
Determining Fault in Texas Personal Injury Cases
Fault is determined through a careful investigation of evidence, witness testimony, and legal arguments. Various factors contribute to establishing how fault is allocated. Some of the more common factors include:
Police reports: Officers document accident details, including statements from involved parties and witnesses.
Eyewitness testimonies: Independent witnesses can often provide unbiased accounts of the incident.
Video footage: Surveillance, dashcams, or traffic cameras can reveal crucial details.
Medical records: Documentation of injuries helps establish the severity and impact of the accident.
Professional opinions: Accident reconstruction specialists and medical professionals can provide insights into fault allocation.
Understanding comparative fault is essential when negotiating settlements with insurance companies and opposing legal counsel. Insurance adjusters often attempt to minimize payouts by arguing that the injured party bears a higher degree of fault. Some common tactics used by insurance companies often include:
Disputing liability by claiming the injured party was partially responsible
Offering lowball settlements by exaggerating the claimant’s fault
Delaying claims to pressure victims into accepting lower settlements
To counter these tactics, working with an injury lawyer in Texas can help establish the facts, challenge unfair fault assessments, and pursue fair compensation.
Factors That Influence Fault Determination
Several elements can affect how fault is allocated in a Texas personal injury case. The allocation of fault plays a key role in determining compensation and liability, making it critical to examine various factors that contribute to responsibility. Consulting an injury lawyer in Texas can help manage these challenges and strengthen your case.
Strength of the evidence: The quality and quantity of evidence available will impact fault assessment. Detailed accident reports, photographic evidence, surveillance footage, and physical evidence at the scene can all strengthen a claim.
Witness credibility: Testimonies from impartial, reliable witnesses carry significant weight in fault determinations. Witnesses who were present at the scene and can provide consistent, unbiased accounts can help clarify the sequence of events.
Comparative negligence arguments: The opposing party may try to shift blame to reduce their liability. Insurance companies often argue that the injured party contributed to the accident by engaging in risky or negligent behavior.
Traffic laws and safety regulations: Compliance with legal guidelines can either support or weaken a claim, particularly in motor vehicle accidents. If one party violated traffic laws, such as running a red light or speeding, they're more likely to bear a higher percentage of fault. Conversely, demonstrating adherence to all traffic laws can help establish that the injured party acted responsibly and is entitled to fair compensation.
Professional analysis: In cases where fault is disputed, accident reconstruction specialists and forensic professionals may be consulted. These professionals analyze skid marks, vehicle damage, road conditions, and other evidence to provide insights into how the accident occurred.
Given these factors, preparing a thorough legal strategy is crucial when seeking a favorable settlement. A strong case built on reliable evidence, credible witnesses, and professional testimony increases the likelihood of a fair allocation of fault and maximized compensation for the injured party. Working with an injury lawyer in Texas can make sure that all aspects of your case are thoroughly examined and effectively presented.
How to Protect Your Rights After an Accident
If you're involved in an accident, taking immediate steps can help strengthen your personal injury claim and improve your chances of securing fair compensation.
Seek medical attention: Prompt treatment helps make sure injuries are properly documented, creating a clear link between the accident and your medical condition. Delayed medical care can be used against you by insurance companies to argue that your injuries weren't severe or were unrelated to the accident. Keeping all medical records and following treatment recommendations will support your claim.
Gather evidence: Take photos of the accident scene, vehicle damage, road conditions, and visible injuries as soon as possible. Collect the names and contact information of any witnesses who can provide statements about what happened. Additionally, obtain copies of police reports and any surveillance footage that may have recorded the incident to strengthen your case.
Refrain from admitting fault: Avoid discussing fault at the scene, with the other party, or with insurance representatives until you have legal guidance. Even casual statements such as “I didn’t see the other car” or “I’m sorry” could potentially be interpreted as an admission of liability.
Consult an injury lawyer: Seeking legal guidance early can help you understand your rights, avoid common pitfalls, and build a strong case. An injury lawyer can review your case, gather additional evidence, handle communications with insurance companies, and advocate for fair compensation.
Document all damages: Keep thorough records of medical bills, lost wages, property damage, and any expenses related to your injury. Maintain a journal documenting your pain levels, recovery progress, and how the injury has impacted your daily life.
Taking these steps won't only protect your rights but also give you the best chance of recovering the compensation you deserve as you move forward with your case.
Speak With an Injury Lawyer in Texas Today
If you have suffered an injury due to someone else’s negligence, understanding comparative fault is crucial when seeking compensation. At Bradford N. Oesch, P.C., we serve clients in Houston, Texas, and the surrounding areas. Contact us to discuss your case with an experienced injury lawyer and learn how we can help you. Reach out to schedule an initial consultation today.
